Srinwanti Dey Das v. Saurav Das And ORS
03.03 Ct. No. 3 akb Calcutta High Court In the Circuit Bench at Jalpaiguri Criminal Revisional Jurisdiction C.R.R. 95 of 2025 Smt. Srinwanti Dey Das Vs.
Sri Saurav Das & Ors.
Mr. Abhilash Mittal Mr. Abhishek Tamang ...For the Petitioner This is an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 wherein the petitioner has prayed for a direction upon the Court below for expeditious disposal of the Criminal Appeal No. 03(01) of 2025.
It is submitted on behalf of the petitioner that the petitioner herein preferred an application under Section 12 of the Domestic Violence Act in the year 2024 wherein the learned Trial Court passed an interim order of monetary relief directing the respondent No. 1 to make payment of Rs. 8,000/- per month for the petitioner and Rs. 4,000/- per month for her daughter till disposal of the case. Being aggrieved by that order the opposite party husband has preferred the above-mentioned Criminal Appeal, being Criminal Appeal No. 03(01) of 2025 which was admitted by the Appellate Court on 10th January, 2025 and the next date for Office Report has been fixed on 10th March, 2025.
It is submitted on behalf of the petitioner that Section 12(5) of the Protection of Women from Domestic Violence Act stipulates that every such dispute is to be disposed of within sixty days and since the
appeal is the continuation of the main proceeding so direction may be passed upon the Court below for expeditious disposal of the aforesaid appeal, so that the petitioner may not be deprived of her legitimate claim of monetary relief and other relief for herself and her daughter for an indefinite period.
Having heard learned Counsel appearing on behalf of the petitioner it appears that the prayer made on behalf of the petitioner is innocuous and if it is allowed in terms of the prayer made on behalf of the petitioner, other party will have no caused to prejudice, the service of copy of the application or notice upon the opposite party is dispensed with.
Since it appears that the prayer made on behalf of the petitioner is justified and required to be allowed for the ends of justice, the present application, being C.R.R. 95 of 2025 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the appeal and to make his best effort to conclude the entire proceeding preferably within a period of three months from the next date after giving opportunity to both the parties to contest as far as possible.
Urgent Photostat certified copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J. )